3 May 2006 · Delegated - Director of Planning and Building Control (M.I. McCauley, M.R.T.P.I.)
The Old Rectory, The Cronk, Ballaugh, Isle Of Man, IM7 5ax
The proposal involved converting an existing outbuilding (currently a store/workshop) within the grounds of The Old Rectory into a dwelling, with a 3.5m x 4m extension (3.1m ridge height), lean-to porch, Velux rooflights, and matching materials.
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The officer assessed the proposal as a new self-contained dwelling rather than ancillary accommodation, despite applicant's claims of family use linked to The Old Rectory, because plans showed no depe…
Planning Circular 3/89 Renovation of Buildings in the Countryside
Requires renovations to re-establish original appearance using matching materials; modest extensions only for essential facilities if impracticable within existing building and required by Building Byelaws. Officer found extension/porch unjustified (no evidence vs prior agent's claim building sufficient), Velux intrusive/out of character, failing to match original appearance; lean-to not essential.
General Policy 3
Listed in report but not explicitly assessed.
Housing Policy 15
Listed in report but not explicitly assessed.
I considered this another potential windfall site and have no objection to the proposal.
considers this is another potential windfall site and has no objection to the proposal.
recommends installation of domestic smoke detectors
for changes in supply applicant should contact IoMWA Byelaws Inspector
Multiple consultees responded to application 05/92220/B with mixed views: DOT Highways objected due to inadequate visibility splays, SPMC&E had no objections, Andrew Jessopp had no objection, IoMWA requested a water connection condition, and Fire Service recommended smoke detection.
Key concern: visibility from the existing access towards the Church is inadequate
Andrew Jessopp
No ObjectionI considered this another potential windfall site and have no objection to the proposal.
SPMC&E
No ObjectionSeems a reasonable scheme to an attractive, vernacular building, already within the curtilage of a dwelling and, furthermore, reads as being within the village grouping.; On the whole though, we feel it is acceptable as providing a small dwelling with some modern amenity whilst retaining the traditional look in principal as well as in principle!; NO OBJECTIONS
IoMWA
Conditional No ObjectionThe Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes
Conditions requested: condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws; See Note (3) For a change in the supply to a premises (domestic or commercial) the applicant should contact the IoMWA Byelaws Inspector (Michael Karran), tel. 69 59 57
Department of Transport Highways Division
ObjectionThe visibility from the existing access towards the Church is inadequate to serve the needs of the development.; In the interests of road safety.
Department of Transport Highways Division
ObjectionThe proposed development will generate additional traffic through the conversion of an outbuilding into residential and this new traffic gains access and egress through an existing access with visibility splays which fail to meet the Department of Transport’s policy
Isle of Man Fire and Rescue Service
Conditional No ObjectionConditions requested: The installation of mains wired, interconnected domestic smoke detection conforming to BS 5446 : Part 1 : 2000, and installed to conform with BS 5839 : Part 6 : 1995, is recommended in accordance with Section 1 of the Building Regulations 2000 – Approved Document B
The original application sought full approval for reserved matters following Approval in Principle 03/0226/A for conversion of an outbuilding to living accommodation in association with The Old Rectory, but was refused under delegated powers for reasons including substandard access, conflict with Planning Circular 3/89, amenity impacts, and poor residential environment. The appellant argued the proposal complied with the prior approval, was for family use without separation of curtilage, and met Circular 3/89 design criteria including a modest extension for essential facilities. The Council defended the refusal treating it as a new self-contained dwelling with design flaws and intensified access use. The inspector gave significant weight to the prior approval but found the extension, Velux windows, and porch altered the building's proportion, form, and appearance contrary to Circular 3/89 and emerging HP15, recommending refusal on those narrow design grounds while dismissing highway safety and amenity concerns.
Precedent Value
This appeal shows inspectors give significant weight to recent Approvals in Principle but require robust evidence (e.g. surveys) that extensions are essential under Circular 3/89; design must meticulously preserve vernacular character near sensitive sites, even if not in CA; highway/amenity objections can be overcome with family-use context.
Inspector: G Farrington
